• It’s illegal, bad politics – Falana, Anambra govt

The threat by the Federal Government to declare state of emergence in Anambra State over spate of insecurity has drawn the ire of the state government and many opinion leaders including popular human rights lawyer, Femi Falana (SAN).

Minister of Justice and Attorney-General of the Federation Abubakar Malami, hinted on Wednesday about the possibility of a state of emergency in the state Independent National Electoral Commission had expressed worry over the rising violence in the state ahead of the November 6 governorship poll.

Malami, who fielded questions from reporters after the Federal Executive Council (FEC) meeting, presided over by President Muhammadu Buhari, stated that no option would be ruled out by the government in ensuring that democratic order is kept safe.

He said, “No possibility is ruled out by government in terms of ensuring the sanctity of our democratic order, in terms of ensuring that our elections in Anambra State hold, and you cannot rule out possibilities inclusive of the possibility of a declaration of a state of emergency where it is established, in essence, that there is a failure on the part of the state government to ensure the sanctity of security of lives, properties, and democratic order.”

But the state government has rejected the planned imposition of state of emergency by the FG on its domain.

The state Commissioner for Information, Don Adinuba, said the quantum of killings described as politically motivated was less than what was obtainable in states controlled by the ruling All Progressive Congress (APC) and wondered why that was not applicable in those states.

He said, “Nigerians are outraged by the threat of the honourable attorney-general and minister of justice of the federation, a senior advocate of Nigeria. Since the renewed violence in Anambra state, which we believe is politically motivated, not more than 15 persons have been killed.

“How many persons have died in Borno, Niger, Kaduna, Yobe, Zamfara? Even Imo, which is APC-controlled, and Ebonyi, [also] APC controlled, has anybody threatened emergency rule in any of these states?

“For the past seven years, Anambra State has remained the safest state, most stable in Nigeria. We remained the only state in the country that for the past seven years has not experienced a single bank robbery.

“What is going on here is politically motivated and the declaration by the attorney-general of the federation is a confirmation. I don’t want us to live in denial. What prompted the attorney-general of the federation to make that declaration is pure politics. There is no point being in denial.

“I have asked a very simple question: What is the situation in Borno, Niger, Plateau, Benue, Adamawa and Taraba? Elections were held in all these states, free and fair, declared by INEC.

“What is so special that the Federal Government of Nigeria should be contemplating a state of emergency? It is all about politics. There is nothing that has not been done to ensure that the right candidates do not participate in the election.”

Falana also described the FG’s move as illegal and unconstitutional.

According to him, Muhammadu Buhari’s administration “has just realised that the deployment of troops without the declaration of emergency rule in many states of the Federation is illegal and unconstitutional.”

He recalled that since 2015, President Buhari has imposed emergency rules in Borno, Yobe, Adamawa, Zamfara, Kaduna and the Katsina States by deploying members of the armed forces to assist the police in the restoration of law and order.

According to the senior lawyer, the President has adopted such extraordinary measures without seeking the approval of the National Assembly.

“In other words, since the emergency rule imposed on the North-East region by President Goodluck Jonathan expired, President Buhari has not renewed or extended it,” he said in a statement on Wednesday.

He stated, “The National Assembly has not challenged the illegal emergency rule imposed without any declaration as stipulated by section 305 of the constitution.

“Hence, the threat issued by the Attorney-General of the Federation is an attempt to return to constitutionalism with respect to the imposition of emergency rule in Anambra State and other states in the North-West, North-East and South-East regions where the Federal Government is waging a full-scale war against terrorists and the so-called gunmen.”

Falana insisted that nowhere in the constitution has the President been vested with the power to remove the elected governor of a state and suspend democratic structures.

He explained that the governor of a state can only be removed by impeachment or resignation and not by imposition of emergency rule, adding that the tenure of legislators is four years in line with the provisions of the constitution.

“Even though former President Olusegun Obasanjo removed two Governors via the imposition of emergency rule, the PDP-led Federal Government later jettisoned the illegal practice,” the lawyer maintained.

“Hence ex- Presidents Umaru Yar’adua and Goodluck Jonathan never used emergency rule to remove elected governors or suspend legislative houses and local government councils. Indeed, the Federal Government has since realised that it is unjust and immoral to remove a governor of a state since the president exclusively controls the armed forces, the police and other security agencies.